Purpose Of The Trademark Classification System
The trademark classification system used by the United States Patent and Trademark Office (USPTO) is known as the International Classification of Goods and Services for the Purposes of the Registration of Trademarks, or simply the Nice Classification (NCL).
The NCL is a system of classifying goods and services for the purpose of registering trademarks. It’s used by more than 150 countries, including the United States. The system was established by the “Nice Agreement” in 1957, and it is regularly updated (every five years) to reflect changes in technology and business practices.
When filing a trademark application with the USPTO, it’s important to accurately identify and classify the goods or services with which the mark is or will be used. A single application can cover more than one class, but the USPTO charges a separate filing fee for each class.
The USPTO uses the NCL to help structure its database and to help it and the public understand the extent of the rights granted with a trademark. If you are uncertain about the appropriate class for your goods or services, it would be wise to seek legal advice.
Please note that the USPTO’s use of the NCL does not limit the scope of protection for a trademark to a particular class or classes of goods or services. The USPTO uses the NCL only for administrative purposes. The scope of protection of a trademark in the United States is determined by the goods or services identified in the application or registration, regardless of their classification.
45 USPTO Trademark Classifications
Trademark Class 1: Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. This class does not usually include chemical products for use in medical science, fungicides, herbicides, and adhesives for stationery or household purposes.
Trademark Class 2: Paints
Paints, varnishes, dyes for clothing, lacquers for industry and arts; preservatives against rust and against deterioration of wood; colorants for food and beverages; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. This class does not usually include cosmetic dyes, unprocessed artificial resins, and insulating paints and varnishes.
Trademark Class 3: Cosmetics and Cleaning Preparations
Bleaching preparations and other substances for laundry toilet cleaning use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices, deodorants for personal use and sanitary products. This class does not usually include degreasing preparations for use in manufacturing processes and deodorants other than for personal hygiene use.
Trademark Class 4: Lubricants and Fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
Trademark Class 5: Pharmaceuticals
Pharmaceutical and veterinary preparations; sanitary preparations for personal and medical use; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. This class does not usually include bandages.
Trademark Class 6: Metal goods
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Trademark Class 7: Machinery
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); motor parts, electric cleaning machines and supporting apparatus, agricultural implements other than hand-operated; incubators for eggs. This class does not usually include hand tools and hand operated equipment or tools and motors for vehicles.
Trademark Class 8: Hand Tools
Hand tools and hand operated implements; cutlery; side arms; electric razors and clippers. This class does not usually include surgical cutlery, paper knives, fencing gear and weapons and machine tools.
Trademark Class 9: Electrical and Scientific Apparatus
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
Trademark Class 10: Medical Apparatus
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
Trademark Class 11: Environmental Control Apparatus
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. This class generally includes air conditioners, electric cooking utensils, electric blankets, hot water bottles and other heated products not used for medical purposes.
Trademark Class 12: Vehicles
Vehicles; apparatus for locomotion by land, air or water.
Trademark Class 13: Firearms
Firearms; ammunition and projectiles; explosives; pyrotechnical products and fireworks. This class does not usually include matches.
Trademark Class 14: Jewelry
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; chronometric instruments. This class generally does not include cutlery.
Trademark Class 15: Musical Instruments
Musical instruments including mechanical pianos and accessories; music boxes, and electrical musical instruments. This class does not generally include recording equipment and devices for music transmission and reproduction.
Trademark Class 16: Paper Goods and Printed Matter
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.
Trademark Class 17: Rubber Goods
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Trademark Class 18: Leather Goods
Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travel bags; umbrellas and walking sticks; whips, harness and saddles. This class usually does not include leather clothing, footwear and hats.
Trademark Class 19: Nonmetallic Building Materials
Building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal; veneers; and building glass and glass tiles. This class generally doe not include cement preservatives and fireproofing preparations.
Trademark Class 20: Furniture
Furniture, furniture parts, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics; mattresses, spring mattresses, and pillows. This class generally does not include linen for bedding and special furniture for laboratory and medical use.
Trademark Class 21: House wares and Glass
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. This class generally does not include electric-driven kitchen appliances.
Trademark Class 22: Cordage and Fibers
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. This class generally does not include strings for musical instruments.
Trademark Class 23: Yarns and Threads
Yarns and threads, for textile use.
Trademark Class 24: Fabrics
Textiles and textile goods, not included in other classes; bed and table linens. This class generally does not include electric blankets.
Trademark Class 25: Clothing
Clothing, footwear, headgear.
Trademark Class 26: Fancy Goods
Lace and embroidery, ribbons and braid; buttons, certain hooks and eyes, certain fasteners, pins and needles; artificial flowers. This class generally does not include yarns and threads for textile use.
Trademark Class 27: Floor Coverings
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
Trademark Class 28: Toys and Sporting Goods
Games and playthings; gymnastic and sporting articles not included in other classes; non-food decorations for Christmas trees. This class generally does not include clothing items for sports.
Trademark Class 29: Meats and Processed Foods
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. This class generally does not include baby food.
Trademark Class 30: Staple Foods
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. This class generally does not include baby food and animal food.
Trademark Class 31: Natural Agricultural Products
Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. This class generally does not include tobacco.
Trademark Class 32: Light Beverages
Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. This class generally does not include milk, beverages for medical purposes, and beverages with a coffee, cocoa or chocolate base.
Trademark Class 33: Wine and Spirits
Alcoholic beverages (except beers).
Trademark Class 34: Smokers’ Items
Tobacco; certain tobacco substitutes, smokers’ articles; matches.
Trademark Class 35: Advertising and Business
Advertising; business management; business administration; office functions.
Trademark Class 36: Insurance and Financial
Insurance; financial; banking; brokerage; monetary affairs; real estate.
Trademark Class 37: Building Construction and Repair
Building construction; repair; installation services.
Trademark Class 38: Telecommunications
Telecommunications services. This class generally does not include radio and advertising services.
Trademark Class 39: Transportation and Storage
Transport (by rail, road, water, air or pipeline); packaging and storage of goods; travel arrangement. This class generally does not include services related to customs brokerage, traveler checks and travel agents; services related to the maintenance and repair of transport vehicles
Trademark Class 40: Treatment of Materials
Treatment of materials.
Trademark Class 41: Education and Entertainment
Education; providing of training; entertainment; sporting, recreation and cultural activities.
Trademark Class 42: Computer, Scientific and Legal
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.
Trademark Class 43: Hotels and Restaurants
Services for providing food and drink; temporary accommodations. This class generally does not include long-term rental apartments, travel reservation and planning services and prep and other schools which offer boarding facilities.
Trademark Class 44: Medical, Beauty and Agricultural
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. This class generally does not include exercise-oriented health clubs and spas.
Trademark Class 45: Personal
Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals; funeral services, matrimonial services; certain dating services. This class generally does not include medical, financial planning, insurance and brokerage services, and educational services.